MANOJ 80-APL-1044-26.DOC IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION CRIMINAL APPLICATION (APL) NO.1044 OF 2026 Zaid Shamim Ansari …Applicant V/s. The State of Maharashtra & Anr. …Respondents Adv. Satyaram R. Gaud, for the Applicant. Ms. S. K. Gajare, APP for the Respondent No.1-State. Mr. Sarvesh Kale, for the Respondent No.2. CORAM: SHYAM C. CHANDAK, J. DATED : 9th OCTOBER, 2026 P.C. :- 1. Heard learned Counsel for the parties. Perused the record. 2. Present application seeking quashing and setting aside of the impugned FIR bearing C.R. No.829 of 2021, registered with V. P. Road Police Station, Mumbai, for the offences punishable under Sections 377, 354(C), 201, 323, 504 and 506 of the Indian Penal Code, 1860 (“IPC”) a/w Sections 66, 67, 67(A), 67(C) and 67(D) of the Information Technology Act, 2000 (“IT Act”), on the report dated 13.12.2021 filed by Respondent No.2 (“the victim”) and the consequent Criminal Case No.74/PW/2022 pending before the learned JMFC, 4th Court at Girgaon, Mumbai. 3. The prosecution case is that on 17th March, 2021, the victim was married to the applicant as per Muslim customary rites and started residing with him at Mumbai. It is alleged that, on 09.12.2021 and earlier occasions, the petitioner commited sexual assault against the vicitm, recorded her objectionable videos in his mobile phone and, he allegedly threatened to circulate the said video among her relatives. When p. 2 WAKLE MANOJ JANARDHAN Digitally signed by WAKLE MANOJ JANARDHAN Date: 2026.10.19 13:08:23 +0530 MANOJ 80-APL-1044-26.DOC she objected, he abused and assulted her. Therefore, the aforesaid offence came to be registered. On completion of the investigation, police submitted the charge-sheet. 4. Learned Advocates for the parties submitted that, now, the matter has been amicably settled between the parties outside the Court. The victim has given her consent and no objection to quash and set aside the impugned FIR and the consequent criminal proceedings. An Affidavit sworn by the victim to that effect is tendered by learned Advocate Mr. Kale. It is taken on record and marked as “X”. The Consent Terms have been attached with the petition through which both parties have undertaken not to contact or interfere in each other’s personal or professional life and not to make or circulate any defamatory or derogatory content against each other. 5. The victim is present before the Court and is identified by learned Advocate Mr. Kale. She has reiterated the contents of the said Affidavit and stated that since the matter has been amicably settled, she does not want to prosecute the applicant in the said case. She has further stated that her consent is voluntary and is given of her own free will, without any force, coercion, pressure, fraud or undue influence from any person. Therefore, no purpose would be served by continuing the prosecution arising out of the said FIR. In view thereof, I am inclined to allow the petition. 6. As I have expressed my opinion for quashing of the present crime,learned advocates for the parties on instructions, submitted that the applicant will voluntarily pay a cost of Rs.20,000/- and Respondent No.2 will voluntarily pay a cost of Rs.10,000/-. Said statements are accepted as undertakings given to this Court. Hence, following Order:- p. 3 MANOJ 80-APL-1044-26.DOC (a) Application is allowed. (b) The impugned FIR bearing C.R. No.829 of 2021, registered with V. P. Road Police Station, Mumbai, for the offence punishable under Sections 377, 354(C), 201, 323, 504 and 506 of the IPC a/w Sections 66, 67, 67(A), 67(C) and 67(D) of the IT Act, and the consequent Criminal Case No.74/PW/2022, pending before the learned Judicial Magistrate, First Class, 4th Court at Girgaon, Mumbai, are quashed and set aside. 9. The applicant is directed to pay costs of Rs.20,000/- and the victim is directed to pay a cost of Rs.10,000/- to the Armed Forces Battle Casualties Welfare Fund’ (AFBCWF) within a period of two weeks from the date of uploading of the present Order on the official website of the High Court of Bombay and the payment receipt(s) shall be submitted in the Registry of this Court. The said costs is to be paid in the following bank account :- Account Name :- Armed Forces Battle Casualties Welfare Fund (AFBCWF) Bank Name :- Canara Bank Ltd. DoD, South Block Branch Name :- South Block, Defence Headquarters, New Delhi – 110011. Account Number :- 90552010165915 IFSC Code :- CNRB0019055 Type of Account :- Saving 9.1 List this application on 20th November 2026, “for recording compliance”. (SHYAM C. CHANDAK, J.)